Spans in 'Australia - War Crimes Amendment Act 1988' tagged with 'Mental element'

'Mental element' in document 'Australia - War Crimes Amendment Act 1988'

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More information about the keyword 'Mental element'
More information about the document 'Australia - War Crimes Amendment Act 1988'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

An Act to amend the War Crimes Act 1945

5. Sections 3 to 14, inclusive, of the Principal Act are repealed and the following section and Parts are substituted:
...

i) a particular intention or state of mind on the offender's part ; or

RELEVANT ROME STATUTE PROVISIONS

Article 30
Mental element
1. Unless otherwise provided, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge.
2. For the purposes of this article, a person has intent where:
(a) In relation to conduct, that person means to engage in the conduct;
(b) In relation to a consequence, that person means to cause that consequence or is aware that it will occur in the ordinary course of events.
3. For the purposes of this article, "knowledge" means awareness that a circumstance exists or a consequence will occur in the ordinary course of events. "Know" and "knowingly" shall be construed accordingly.